Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS

of September 5, 2016 No. 80

About provision of confidential information in the security market

(as amended on 07-09-2021)

Based on the paragraph of the thirteenth of part one of Article 8, of parts four and the ninth article 43 of the Law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market", Item 10 of the Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585, the Ministry of Finance of the Republic of Belarus DECIDES:"

1. Determine that:

1.1. features of work of the issuer, management company of investment fund (further – management company), depositary with confidential information are established in the following local legal acts (further – rules of work with confidential information):

in regulations of work of the issuer, management company of investment fund with the register of owners of securities which affirms issuers, the management companies which are joint-stock companies – general shareholder meeting or other governing body of joint-stock company if he is authorized on adoption of such decision by charter of joint-stock company; issuers, the management companies created in other forms of business – the head or the governing body authorized by constituent documents;

in the regulations of depositary determining procedure and conditions of implementation of depository activity which affirm the head or the governing body authorized by constituent documents.

The rules of work with confidential information numbering more than one leaf are numbered, stitched, certified by the signature of the head of depositary, the issuer, management company;

1.2. rules of work with confidential information shall include:

the list of the workers responsible for provision and ensuring safety of confidential information, and also the workers having access to the confidential information containing on papers and (or) in electronic form according to their job descriptions (further - the authorized worker);

procedure and conditions of provision of access to confidential information, its transfers by the authorized worker, access differentiation around persons and to nature of information;

accounting treatment for the workers having access to confidential information, and also persons which obtained confidential information in case of receipt of such information on papers by the courier;

procedure of actions for ensuring safety of confidential information;

procedure for storage of confidential information, including copies of such information on papers and in electronic form (the place, conditions and storage duration);

procedure for maintaining the accounting registers intended for accounting of persons which obtained confidential information.

Rules of work with confidential information may contain, at the discretion of the issuer, management company, depositary, other provisions which are not contradicting the legislation on the security market, on investment funds and on economic societies, aimed at providing protection of the data containing confidential information.

The regulations of work of joint-stock company with the register of owners of securities except the provisions containing in part one of this subitem also shall contain operating procedure of employees of joint-stock company with the list of persons having the participation right in general shareholder meeting, and also c other documents containing data from the register of owners of securities;

The regulations of work of management company with the register of owners of investment shares except the provisions containing in part one of this subitem also shall contain operating procedure of employees of management company with the list of persons having the participation right in general meeting of owners of investment shares and also with other documents containing data from the register of owners of investment shares;

1.3. provision of the documents containing confidential information is performed by depositary, the issuer at the request of person having the right to such information according to legal acts, one of the specified methods:

in the form of the electronic document conforming to the requirements established by the legislation shown to electronic documents and their protection;

on papers – the courier (courier) or the mailing;

in electronic form with use of system of remote servicing * taking into account the requirements established by the resolution of Council of Ministers of the Republic of Belarus of December 30, 2020 No. 773 "About implementation of the Presidential decree of the Republic of Belarus of April 18, 2019 No. 148" (further – use of system of remote servicing). At the same time requirements of the legislation on securities regarding use and protection of confidential information in the security market, including confidential information on depositors and data from the register of owners of securities shall be observed;

in other ways in the cases and procedure provided by the depositary agreement by provision by depositary to the depositor of the data constituting confidential information on this depositor;

______________________________

* For the purposes of this resolution the term "system of remote servicing" is used in the value determined in the paragraph the second part one of Item 2 of the Instruction on accounting and storage of property of investment fund, the activities of specialized depositary of investment fund approved by the resolution of the Ministry of Finance of the Republic of Belarus of May 25, 2018 No. 38.

1.3-1. the request of person having the right to confidential information according to legal acts for receipt of such information from depositary is performed by one of the specified methods:

in the form of the electronic document conforming to the requirements established by the legislation shown to electronic documents and their protection;

on papers – the courier (courier) or the mailing;

in electronic form with use of system of remote servicing. At the same time requirements of the legislation on securities regarding use and protection of confidential information in the security market, including confidential information on depositors and data from the register of owners of securities shall be observed;

1.4. the documents on papers containing confidential information are stored in the places excluding unauthorized access to such documents of strangers.

The documents in electronic form containing confidential information are stored in computer system, network, on the machine or digital carriers providing system of protection of such information against unauthorized access which is limited according to the regulatory legal acts regulating work with information distribution and (or) provision of which is limited.

When using means on processing and delivery of electronic depositary documents access to confidential information is limited according to the regulatory legal acts regulating implementation of depository activity;

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